(a)

A zoning permit must be issued by the zoning officer or his authorized representative prior to the construction, extension, enlargement, or other structural alteration, location or relocation of any building or structure, including signs and fences, or any part thereof.

(b)

A fee in accordance with the town's adopted fee schedule shall be charged for the issuance of each zoning permit.

(c)

All applications shall be in a form prescribed by the land use administrator and shall be accompanied by a development plan in accordance with section 30-689

(Ord. of 7-10-2006(2), § 710.1)

(a)

A building permit must be issued by the zoning officer or his authorized representative before any building or structure, or any part thereof, designed for uses other than farm or agricultural purposes is erected or repaired.

(b)

Each application for a building permit shall be accompanied by a plat, drawn to scale, showing accurate dimensions of the lot to be built upon, accurate dimensions of the building to be erected, its location on the lot, off-street parking, and such other information as may be necessary to provide for the enforcement of this chapter. An accurate record of such applications and plats, together with a record of the action taken thereon, shall be kept in the office of the zoning officer.

(c)

No permit for excavation or for erection of any building or part of building or for repairs to or alteration of a building, or the relocation of a building from the lot on which it is situated, shall be issued until after a statement of its intended use has been filed by the applicant.

(Ord. of 7-10-2006(2), § 710.2)

(a)

No land shall be used or occupied and no building or structure that has been erected or altered shall be used or changed in use until a certificate of occupancy/compliance has been issued by the zoning officer stating that the building and the proposed use complies with the provisions of this chapter and all necessary inspections have been completed and approved.

(b)

A certificate of the same shall be required for the purpose of changing any existing use; as well as for maintaining, reviewing, changing or extending any nonconforming use.

(c)

The certificate of occupancy/compliance shall be issued within ten working days after the construction or alterations of such building or part have been completed in conformity with the provisions of this chapter.

(d)

A record of all such certificates shall be kept on file and open to the public, subject to state law.

(Ord. of 7-10-2006(2), § 710.3)

The provisions of this chapter permit some uses to be established by right in the appropriate district while other uses are listed which require special review by the town council. These uses are termed special uses and require a special use permit issued by the town council. Special uses may be compatible with and desirable in the districts in which they are designated as special uses, but they may also have characteristics, which could have detrimental effects if not properly designed and controlled.

(1)

Required in certain developments. Special use permits are required for the following types of developments:

a.

Special uses that, because of their inherent nature, extent and external effects, require special care in the control of their location, design and methods of operations in order to ensure protection of the public health, safety and welfare.

b.

Planned developments that require special review in order to provide the regulatory flexibility and performance criteria necessary to permit a creative approach to the development of land that will:

1.

Accomplish a more desirable environment that would be possible through the strict application of the generally applicable requirements of this chapter;

2.

Provide for an efficient use of land and arrangement of land uses, buildings, circulation systems, and utilities;

3.

Promote an improved level of amenities; and

4.

Provide an environment of stable character in harmony with surrounding areas.

c.

All uses established in special use districts.

(2)

Application deadline. In order to be considered at the next regular scheduled meeting of the planning board, a complete application shall be submitted ten business days before the date of said meeting.

(3)

Public hearing required. All special use permit requests require a public hearing in accordance with section 30-659 and must meet the conditions of subsection (5) of this section. Some uses, due to their nature, require development standards in addition to the general conditions listed in subsection (5) of this section. Development standards for individual uses are found in division 5 of article III of this chapter.

(4)

Development plan required. Applications for a special use permit shall be accompanied by a development plan prepared in accordance with section 30-689 in the number of copies specified by the zoning officer, along with any other information required by the zoning officer for proper review of the application.

(5)

General conditions which must be met by special uses. In order for any special use to be granted, the applicant, at the hearing, shall present sufficient evidence to enable the board to find that the following conditions exist where applicable:

a.

All applicable specific conditions as described in article III of this chapter pertaining to the proposed use have been or will be satisfied.

b.

Access roads or entrance and exit drives are or will be sufficient in size and properly located to ensure automotive and pedestrian safety and convenience, traffic flow, and control and access in case of fire or other emergency.

c.

Off-street parking, loading, refuse, and other service areas are located so as to be safe, convenient, allow for access in case of emergency, and to minimize economic, glare, odor and other impacts on adjoining properties and properties in the general neighborhood.

d.

Utilities, schools, fire, police and other necessary public and private facilities and services will be adequate to handle the proposed use.

e.

The location and arrangement of the use on the site, screening, buffering, landscaping and pedestrian ways harmonize with adjoining properties and the general area and minimize adverse impacts.

f.

The type, size and intensity of the proposed use, including such considerations as the hours of operation and number of people who are likely to utilize or be attracted to the use, will not have significant adverse impacts on adjoining properties or the neighborhood.

(6)

Additional conditions.

a.

If the appropriate board approves a special use, it may, as part of the terms of such approval, impose any additional reasonable conditions and safeguards as may be necessary to ensure that the criteria for the granting of such a permit will be complied with and to reduce or minimize any potentially injurious effect of the use on adjoining properties, the character of the neighborhood, or the health, safety, morals or general welfare of the community.

b.

Where appropriate, such conditions may include requirements that street and utility rights-of-way be dedicated to the public and that provision be made for recreational space and facilities.

(Ord. of 7-10-2006(2), § 710.4)

(a)

Certain uses of a temporary nature are permitted, provided a temporary use permit is obtained from the zoning officer. Unless otherwise provided in this chapter, temporary use permits shall be valid for no more than ten days and may be renewed for one additional ten-day period. A new permit may not be obtained for the same use at the same location until 60 days from the expiration of the previous permit.

(b)

Manufactured homes as a temporary accessory use must meet the development standards described in section 30-348. The permit must be approved by the board of adjustment after a public hearing.

(Ord. of 7-10-2006(2), § 710.5)

An approved zoning permit or special use permit shall expire six months after the date of issuance if the work authorized by the permit has not been commenced. If the authorized work is discontinued for a period of 12 months, the permit shall immediately expire. No work authorized by any permit that has expired shall thereafter be performed until a new permit has been secured under the then current provisions of this chapter.

(Ord. of 7-10-2006(2), § 710.6)

A record of all permits shall be kept on file in the office of the town clerk and open to the public, subject to state law.

(Ord. of 7-10-2006(2), § 710.7)

Permits or certificates issued on the basis of development plans and applications shall authorize only the use, arrangement and construction set forth in such approved plans and applications and no other use, arrangement or construction.

(Ord. of 7-10-2006(2), § 710.8)

(a)

Certain developments require plans in application process. Development plans, which includes a plot plan or site plan, shall be required as part of the application process for any of the following:

(1)

New structures.

(2)

Expansions to existing structures.

(3)

A special use.

(4)

Any new use not contained within an existing building, except:

a.

Agricultural uses which do not involve the construction of buildings, containment pens for livestock, swine or poultry, or the construction of sediment or animal waste lagoons.

b.

Temporary or seasonal uses, unless the zoning officer cannot otherwise determine compliance with parking or screening requirements.

c.

Any significant change in required landscaping or buffer areas.

d.

An expansion to parking areas requiring a landscaping plan in accordance with division 4 of article III of this chapter.

(b)

Plot plan requirements. A plot plan shall be required for any single-family or duplex residential use, and any other situation determined by the zoning officer to require such a plan. A plot plan does not require the seal of a professional engineer, architect, landscape architect or surveyor, but shall be drawn to scale and signed by the preparer. It shall consist of the following elements, except that the zoning officer has the authority to waive any application requirement where the proposed type or scale of use makes that information unnecessary or impractical:

(1)

The date the plan was drafted along with the name, signature, address and phone number of the preparer.

(2)

The zoning classification of the subject property and all immediately adjacent properties.

(3)

Property lines, lot dimensions, and total acreage.

(4)

The location and extent of rights-of-way and easements.

(5)

The location and type of natural water features (e.g., streams, ponds, rivers, wetlands, etc.).

(6)

The location and dimensions of driveways.

(7)

The approximate location and dimension of structures including signs.

(8)

The location and dimension of parking lots/areas and internal circulation drives.

(9)

The location and dimension of private streets.

(10)

The approximate location and dimensions of landscaping, buffering, screening, fences, and walls.

(11)

Septic tank systems and wells (including dimensions of each).

(12)

The approximate location of significant trees (those eight inches or greater in caliper when measured six inches above grade).

(c)

Site plan requirements. A site plan shall be required for all commercial, industrial and multifamily projects, planned unit developments, manufactured home parks, conditional uses and any other situations determined by the zoning officer or planning board to require such a plan. A site plan shall require the seal of a professional engineer, architect or landscape architect, except that surveyors may also seal plans for projects that do not include any engineering stormwater control structures. The plan should be drawn to a scale such that all features are clearly legible. A site plan shall consist of the following elements:

(1)

A location map that shows the project in relation to the larger planning area.

(2)

The names, addresses and telephone numbers of owners, mortgages, registered surveyors, land planners, architects, landscape architects, and professional engineers responsible for the development.

(3)

The name of the development.

(4)

Date of plan preparation.

(5)

A north arrow, legend and scale (including a bar scale).

(6)

Environmental features. A site plans shall show existing and proposed features of the site, including (where applicable):

a.

Natural cover (wood, pastureland, etc.).

b.

Streams, ponds or rivers.

c.

Historic sites.

d.

Fragile environmental areas.

e.

The approximate location of significant trees (those eight inches or greater in caliper when measured six inches above grade).

f.

Contour lines shown as dotted lines at no more than two-foot intervals (this may be modified by the zoning officer depending upon topography).

g.

The location, size and dimensions of all recreational areas and areas intended to remain as permanent open space, clearly indicating whether such open space areas are intended to be offered for dedication to the public.

(7)

Dimensions and layouts of all parking and loading areas including properly designated handicapped spaces.

(8)

Public and private streets and alleys, including planned points of ingress and egress. Driveway approval procedures as required by the state department of transportation shall be initiated.

(9)

Stormwater structures and conveyances.

(10)

Utilities, including water, sewer, electric, power and telephone.

(11)

The location and dimensions of all structures, including freestanding signs, including:

a.

The number of dwelling units the building is designed to accommodate, if applicable.

b.

The height and number of stories of the structure.

(12)

Lighting plan.

(13)

All sidewalks, trails, and pedestrian paths.

(14)

Landscaping plan. A landscaping plan showing compliance with division 4 of article III of this chapter.

(15)

Legal features, including:

a.

The zoning of the property and adjacent properties, including zoning district lines.

b.

Property lines.

c.

Project phase lines.

d.

Street rights-of-way.

e.

Utility easements (including water, sewer, electric, power, stormwater, and telephone).

f.

Lot dimensions.

(16)

Sign detail required. Whenever a new sign or change in existing sign would require the issuance of a permit, detailed designs showing all relevant information required to determine compliance with the sign regulations shall be required as part of a complete application.

(17)

In addition to the information required in subsections (c)(1) to (16) of this section, manufactured home parks shall provide the following information on the site plan:

a.

Location of all manufactured home spaces with dimensions.

b.

All recreation and convenience areas including parks, laundry facilities, swimming pools etc.

c.

Location of park office.

d.

Location of dumpsters and sanitation facilities.

(d)

Plan exemption. The zoning officer may, in writing, exempt the applicant from meeting any plan requirement that is clearly inapplicable to the proposed use.

(Ord. of 7-10-2006(2), § 712)

Reasonable fees sufficient to cover the cost of administration, inspection, publication of notices, and similar matters may be charged to applicants for zoning permits, special use permits, zoning amendments, appeals, variances and special exceptions, and other administrative procedures. The town council shall fix the amount of such fees. The town council will establish applications fees and may be revised as part of each year's budget process.

(Ord. of 7-10-2006(2), § 714)

This chapter, including the zoning map, may be amended only by the town council according to the procedures of this section. Proposed amendments may be initiated by the town council, planning board, or board of adjustment. Proposed amendments to the text of this chapter may also be initiated by any resident or property owner within the jurisdiction covered by this chapter, and any property owner within the jurisdiction covered by this chapter may initiate a request for a map amendment of his property.

(Ord. of 7-10-2006(2), § 716)

(a)

Map amendment.

(1)

An application for a map amendment must be made on a form provided by the town before any proposed amendment shall be considered by the town council or a public hearing held. The application shall contain the following information:

a.

A statement of the present zoning regulations or district boundary.

b.

The name and signature of the applicant.

c.

The tax parcel number of the lot proposed to be rezoned.

d.

The names and addresses of the owners of the lot in question.

e.

A map of the proposed amendment showing tax parcel number of the subject property and adjacent properties shall be attached to the application. The map shall show ownership of adjacent lots along with the use of each adjacent property.

f.

The applicant shall provide any additional information related to the proposed amendment requested in writing by the planning board or town council.

(2)

The zoning officer shall transmit the original application to the town council and the original application shall be filed in the office of the town clerk after consideration by the town council.

(b)

Text amendments. An application for amendment to the text of this chapter shall consist of:

(1)

A completed application form.

(2)

A written justification for the requested amendment including consistency of the proposal with town planning policies.

(3)

Any other information deemed necessary by the zoning officer or the board.

(c)

Application fee. A fee in accordance with the adopted fee schedule shall be paid to the town for each application not initiated by an officer or agency of the town to cover the costs of advertising and other administrative expenses involved. No amendment shall be advertised until such fee is paid.

(Ord. of 7-10-2006(2), § 716.1)

(a)

Pursuant to division 4 of article II of this chapter, if the town council approves an application for rezoning to a conditional use district, but denies the accompanying application for a special use permit, or if an accompanying application for a special use permit is not considered by the town council, the rezoning application shall be deemed to be conditionally approved, subject to submittal and town council approval of an application for a special use permit in accordance with this article.

(b)

Failure to obtain approval of a special use permit within one year of the conditional approval of rezoning or a conditional use district shall void the conditional approval.

(c)

No use other than a use permitted by the previously existing zoning may be made under the conditional approval of rezoning to a conditional use district.

(d)

The owner of a property subject to conditional approval of rezoning to a conditional use district may, upon notice to the town council, abandon the conditional approval of the rezoning before expiration of the one-year period.

(Ord. of 7-10-2006(2), § 716.2)

The town council must hold a public hearing on any proposed amendment prior to considering it for adoption.

(Ord. of 7-10-2006(2), § 716.3)

(a)

Notice of the public hearing shall be published in a newspaper of general circulation in the town area at least once a week for two successive calendar weeks prior to the hearing.

(1)

The initial notice shall appear not more than 25 or less than ten days prior to the hearing date. In computing such period, the day of publication is not to be included, but the day of the hearing shall be included.

(2)

In the case of large scale rezonings involving more than 50 parcels and at least 50 different landowners, the town has the option of foregoing individual mailed notices in favor of publishing in a newspaper of general circulation in the town area, a half-page notice at least once a week for two successive calendar weeks prior to the hearing. Property owners living outside of the circulation of the newspaper must still receive mailed notice.

(b)

Whenever there is a zoning classification action involving a parcel of land, the owner of that parcel of land as shown on the county tax listing, and the owners of all parcels of land abutting that parcel of land as shown on the county tax listing, shall be mailed a notice of the proposed classification by first class mail at the last addresses listed for such owners on the county tax abstracts. The persons mailing such notices shall certify to the town council that fact, and such certificate shall be deemed conclusive in the absence of fraud.

(c)

The town shall prominently post a sign on the site proposed for rezoning or on an adjacent public street or highway right-of-way. When multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required, but the town shall post sufficient notices to provide reasonable notice to interested persons. The sign shall indicate the proposed action, the date of the hearing and the date of posting. The sign shall be posted not more than 25 nor less than ten days prior to the hearing date.

(Ord. of 7-10-2006(2), § 716.4)

All proposed zoning amendments must be referred to the planning board for their review, prior to the public hearing and consideration by the town council.

(1)

The zoning officer shall provide a report to the planning board concerning the proposed amendment and the planning board shall consider such report in their deliberations. If no report is provided, the planning board may proceed in its consideration. The planning board is not bound by any recommendation of the zoning officer.

(2)

The town council shall give the planning board at least 30 days from the day that it was first referred to the planning board to review and make a recommendation concerning the amendment.

(3)

If no written report is received from the planning board within 30 days of referral of the amendment to that board, the town council may consider the amendment without the planning board report. The town council is not bound by the recommendations, if any, of the planning board.

(Ord. of 7-10-2006(2), § 716.5)

(a)

The planning board must comment in writing on the consistency of the proposed amendment with any comprehensive plan that has been adopted and any other officially adopted plan that is applicable. These comments must be in the form of a report signed by the chairperson of the planning board. The written statement must address plan consistency and other matters as deemed appropriate by the planning board, but a comment by the planning board that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the town council.

(b)

All zoning amendments considered by the town council must submit into public record a written statement explaining the consistency of the amendment with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest. This is required regardless of rejection or adoption of the proposed amendment.

(Ord. of 7-10-2006(2), § 716.6)

(a)

An applicant may withdraw his application only with the approval of the town council if any notice for the required public hearing has already gone out. Requests for permission to amend or withdraw the application for rezoning must be filed with the town council prior to the date of the public hearing. A decision on the request will be made by the town council on the date of the public hearing.

(b)

The town council shall not permit a change to the application which would delete a portion of the land originally included in the request for rezoning when the effect of such deletion would be to change the percentage of votes required for approval of the rezoning as a result of a protest petition.

(c)

The town council shall not permit the withdrawal of a rezoning petition after a qualified protest petition has been filed.

(d)

An application for a map amendment for any portion of a parcel that has been denied shall not be again instituted sooner than one year from the date of the denial, unless the town council, after considering the advice of the planning board, find that there have been substantial changes in conditions or circumstances bearing on the application. This waiting period shall not apply to applications for special use permits or text amendment.

(Ord. of 7-10-2006(2), § 716.7)

(a)

The property owners most directly affected by a proposed zoning map amendment has the right to file a written protest petition objecting to the proposed change.

(b)

If a qualifying petition is filed at least two normal working days prior to the public hearing (not counting the day of the hearing) on a proposed zoning amendment, the amendment can then only be adopted if approved by a three-fourths majority of the town council. Vacancies (i.e., unfilled seats) and recusals shall not be considered in determining a supermajority. Only those protest petitions that meet the qualifying standards set form in G.S. 160A-385 at the time of the vote on the zoning amendment shall trigger the supermajority voting requirement.

(c)

When real property is owned concurrently by more than one person, the term "owner," for purposes of this section, means all of the joint owners.

(d)

A person who has signed a protest petition may withdraw his name from the petition at any time prior to the vote on the proposed zoning amendment.

(e)

A qualified protest petition shall meet the following standards:

(1)

It must be signed by the owners of 20 percent or more of the area of the lots included in such proposed changes, or the owners of five percent of land within a 100-foot buffer around the perimeter of the parcels in question. Any right-of-way falling within this 100-foot buffer should not be part of the buffer calculation, unless the right-of-way itself is more than 100 feet in width. The buffer is to be measured from the property line of the property in question. When less than an entire parcel of land is subject to the proposed zoning map amendment, the 100-foot buffer shall be measured from the property line of that parcel. In the absence of evidence to the contrary, the town may rely on the county tax listing to determine the owners of potentially qualifying areas.

(2)

The provisions in subsection (e)(1) of this section concerning protests shall not be applicable to any amendment which initially zones property added to the territorial coverage of the ordinance as a result of annexation or otherwise; or to an amendment to an adopted conditional use district if the amendment does not change the types of uses that are permitted within the district or increase the approved density for residential development, or increase the total approved size of nonresidential development, or reduce the size of any buffers or screening approved for the conditional use district.

(3)

The protest petitions shall be filed on a form provided by the town and shall be accompanied by a map legibly drawn on a minimum legal size (8.5 inches by 14 inches), which shall show the following:

a.

Names and addresses of the owners of the property sought to be rezoned and the names and addresses of all of the property owners within the 100-foot buffer area adjacent to the property sought to be rezoned.

b.

Boundaries including courses and distances for the property sought to be rezoned and for those lots adjacent properties.

c.

Total area in square feet for the property sought to be rezoned and for each of the adjacent lots that may be considered in determining the validity of a protest petition.

d.

County parcel information indicating ownership of adjacent lots, which is needed to determine the validity of the protest petition.

(Ord. of 7-10-2006(2), § 716.8)